FL Case Law Summaries – 4/27/17
By: Ryan M. Knight – Miami
Contributor: Tara Said – Pensacola
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February & March 2017 Attorney’s Fees & Costs Orders
Carlos R. Iraheta v. Laiton Incorporated/Guarantee Insurance Co.
JCC Pitts: Orlando District Order Date: February 3, 2017
OJCC Case: 11-021134 JCC Order: Click Here
Claimant’s Counsel: Daniel DeCiccio Hourly Fee Awarded: $295/hour
Summary: The parties agreed that the benefits obtained in this matter were not quantifiable. The Employer/Carrier also stipulated that review of the attorney fee issue according to the Lee Engineering factors was appropriate. The JCC concluded Claimant’s Counsel expended 35.6 hours at $295 per hour for a total of $10,502.00, plus an additional $427.00 for paralegal time.
Omar Celstrin III v. Applebee’s Restaurant/PMA Insurance Co.
JCC Clark: Ft. Myers District Order Date: February 5, 2017
OJCC Case: 13-025303 JCC Order: Click Here
Claimant’s Counsel: Monica Cooper Hourly Fee Awarded: $250/hour
Summary: The Employer/Carrier agreed to provide medical benefits at mediation and stipulated to fee entitlement at that time. Claimant’s Counsel argued they were entitled to $6,750 based on 22.5 hours at $300/hr. The JCC limited the hours to those expended up until the mediation. Based on the verified fee petition, that amounted to 7.5 hours. Claimant’s Counsel was therefore awarded $1,800 based on a rate of $250/hr.
Christian Mendiz v. Adriana Hoyos Group/Associated Industries Insurance Co.
JCC Medina-Shore: Miami District Order Date: February 6,2017
OJCC Case: 15-029599 JCC Order: Click Here
Claimant’s Counsel: Bobbie Wells Hourly Fee Awarded: $200/hour
Summary: The Employer/Carrier timely responded to the Claimant’s PFB requesting an appointment with an authorized treating physician. However, because the PFB response only contained an appointment date, and did not include a time, Claimant’s Counsel was entitled to attorney’s fees. The JCC concluded Claimant’s Counsel expended 12.3 in securing the medical benefit at an hourly rate of $200, and awarded fees in the sum of $2,460.00.
Carlos Carrion v. United Packaging
JCC Hill: Miami District Order Date: February 9, 2017
OJCC Case: 12-007486 JCC Order: Click Here
Claimant’s Counsel: Monica Cooper Hourly Fee Awarded: $250-300/hour
Summary: The Employer/Carrier timely responded to Claimant’s PFB requesting medical authorization. However, the JCC found that the Employer/Carrier made no effort to set up the appointment in a timely manner and determined that Claimant’s Counsel was due attorney’s fees. It was determined that Claimant’s Counsel expended 11.1 hours at rates between $250 and $300 per hour depending on the activity. The JCC awarded fees in the amount of $3,025.
Edward Myers v. Matrix Employee Leasing, Inc.
JCC Spangler: Tampa District Order Date: February 13, 2017
OJCC Case: 11-019308 JCC Order: Click Here
Claimant’s Counsel: Bill Dickey Hourly Fee Awarded: $275/hour
Summary: According to the washout settlement, Claimant’s Counsel would have been awarded a guideline fee of $791.88. Claimant’s counsel alleged 385.1 hours and the Employer/Carrier argued that only 188.4 were appropriate given the issues. The JCC concluded 320 hours were reasonably incurred in the litigation disputing the total denial of compensability. The JCC awarded a total of $88,000.00 based on a rate of $275 per hour.
Aurelio Navarrete v. Defender Screens International/FCCI
JCC Beck: Sarasota District Order Date: February 14, 2017
OJCC Case: 17-000725 JCC Order: Click Here
Claimant’s Counsel: Scott Sternberg Hourly Fee Awarded: Denied
Summary: Claimant’s Counsel entered into a Miles agreement with the Claimant and requested a fee of $7,500 based on the $30,000 washout agreement. The JCC found that based on the Lee Engineering factors, Claimant’s Counsel failed to demonstrate the reasonableness of the fee. The $7,500 equated to a rate of $476.50/hr. This rate far exceeded the district’s customary fees which rarely exceeded $225/hr. The Motion for Excess Fee Approval was denied.
Luis Rivera v. FCS Building Services, LLC
JCC Pitts: Orlando District Order Date: February 21, 2017
OJCC Case: 12-025169 JCC Order: Click Here
Claimant’s Counsel: Monte Shoemaker Hourly Fee Awarded: $295/hour
Summary: The JCC awarded a total of $37,660 to Claimant’s Counsel for past benefits obtained. This fee was based on 55 hours from the non-board certified attorney at a rate of $285/hr, 70 hours by the board certified attorney at a rate of $295/hr, and 17.8 paralegal hours at a rate of $75/hr.
Lori Watson as guardian for Brenda Whiteside v. Hillsborough County School Board/Broadspire
JCC Lorenzen: Tampa District Order Date: February 22, 2017
OJCC Case: 08-007027 JCC Order: Click Here
Claimant’s Counsel: Bradley Smith Hourly Fee Awarded: $275/hour
Summary: The JCC allowed the hours expended in preparation of the verified petition to be included in the attorney fee award because the Employer/Carrier did not stipulate to attorney’s fees until after the petition was filed. It was determined that Claimant’s Counsel reasonably expended 145.3 hours on the case. The JCC awarded $39,957.59 based on a rate of $275/hr.
Leonardo Ernesto Gomez v. Frank Crum and Broadspire
JCC Lazzara: Ft. Lauderdale District Order Date: February 23, 2017
OJCC Case: 12-025326 JCC Order: Click Here
Claimant’s Counsel: Kevin Gallagher Hourly Fee Awarded: Denied
Summary: Claimant’s Counsel’s motioned the Court for approval of $148,500 E/C paid attorney fee on top of the $11,775 statutory fee. Claimant’s Counsel alleged that approximately 400 hours were expended obtaining various benefits. The JCC noted that any case where Claimant’s Counsel receives 66% of the total settlement should concern the tribunal. Ultimately, the JCC awarded $17,908.80 based on the value of past benefits obtained. The remaining $130,592 was to be paid to the Claimant.
Andy Fay Fontaine v. Crane Construction
JCC Humphries: Jacksonville District Order Date: March 3, 2017
OJCC Case: 11-019663 JCC Order: Click Here
Claimant’s Counsel: Christopher Puleo Hourly Fee Awarded: $300/hour
Summary: The Employer/Carrier failed to respond to the Claimant’s verified petition for attorney fees. The JCC, therefore, accepted the allegations of the Claimant’s petition as true. Claimant’s Counsel was awarded $300/hour for a total of $3,210 for 10.7 hours of work.
Linda Treadwell v. City of Jacksonville
JCC Holley: Jacksonville District Order Date: March 13, 2017
OJCC Case: 12-015350 JCC Order: Click Here
Claimant’s Counsel: John Rahaim Hourly Fee Awarded: $300/hour
Summary: The JCC found that Claimant’s Counsel reasonably expended 104.5 hours during the course of the claim. A statutory attorney fee would have amounted to $61.42 or $0.59/hour. The Court found this to be manifestly unfair and awarded Claimant’s Counsel $30,680 based on a rate of $300/hour.
Dustin Maxwell v. Harbor Freight
JCC Pitts: Orlando District Order Date: March 13, 2017
OJCC Case: 15-018690 JCC Order: Click Here
Claimant’s Counsel: Basil Baldiva Hourly Fee Awarded: $250/hour
Summary: A guideline fee would have amounted to $63.71 or $4.22/hour. The Court determined this was unreasonable. The JCC accepted the stipulation of the Employer/Carrier that 15.1 hours were reasonably expended curing the claim and awarded $3,775 based on a fee of $250/hour.
Jerry Anderson v. Aramark
JCC Almeyda: Miami District Order Date: March 15, 2017
OJCC Case: 11-000668 JCC Order: Click Here
Claimant’s Counsel: James Payer Hourly Fee Awarded: $350/hour
Summary: The Employer/Carrier only objected to 10.1 of the 150.1 hours alleged by Claimant’s Counsel in his verified petition for attorney’s fees. Nevertheless, the JCC awarded the full 150.1 hours. This was due in part to the complexity of the case and the fact that the Employer/Carrier expended over 250 hours during the case. Claimant’s Counsel was awarded $52,535 based on a fee of $350/hour.
Jose Flores v. GC Construction Group
JCC Humphries: Jacksonville District Order Date: March 20, 2017
OJCC Case: 11-017031 JCC Order: Click Here
Claimant’s Counsel: James Parris Hourly Fee Awarded: None
Summary: Claimant’s Counsel alleged he was due an Employer/Carrier paid fee because the Carrier responded to the PFB on the 30th day and did not respond “within” 30 days. The JCC rejected this argument and concluded that fee entitlement did not attach until after 30 days.